HQ 084210: Air sampler instrument used to test air quality.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 084210

                                    July 12, 1989


          CLA-2  CO:R:C:G  084210  KK

          CATEGORY:  Classification

          TARIFF NO:  9027.10.60;

          Joseph F. Accardi, Jr.
          President as attorney in fact
          JAGRO AIR SERVICES INC.
          161-15 Rockaway Blvd., Suite 108
          Jamaica, NY 11434

          RE:   Air sampler instrument used to test air quality.

          Dear Mr. Accardi:

                Your request of March 13, 1989, for a binding ruling under
          the Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA), regarding the tariff classification of the Biotest RCS
          Centrifugal Air Sampler was referred to this office for a direct
          reply to you.

          FACTS:

                The Centrifugal Air Sampler is a portable, hand-held
          instrument for estimating the number of microbial colony forming
          units in room air or other environments.  The device permits
          periodic analysis of air quality for microbial levels in clean
          rooms and other sterile environments.

                The sampler consists of an impeller assembly housed in a
          drum assembly, which is mounted on a power unit housing batteries
          and switches.  An agar strip containing a culture medium is
          inserted into a slot in the open-end drum with the agar surface
          facing towards the impeller blades.  The air under analysis
          enters the impeller drum concentrically and in conical form, is
          set in rotation, and then is impacted by centrifugal force onto
          the agar strip which contains the culture medium.

                After the sample has been taken, the agar strip is removed
          from the sampler and then incubated.  Microbial colonies can then
          be counted in order to determine air quality.

















                                        - 2 -


          ISSUE:

                Whether the subject devices are classifiable in heading
          9027, HTSUS, which provides for "[i]nstruments and apparatus for
          physical or chemical analysis (for example . . . gas or smoke
          analysis apparatus);" or in heading 8521, HTSUS, which provides
          for "[c]entrifuges . . . filtering or purifying machinery and
          apparatus, for liquids or gases;" or in heading 8479, HTSUS,
          which provides for "[m]achines and mechanical appliances having
          individual functions, not specified or included elsewhere."

          LAW AND ANALYSIS:

                Classification under the HTSUSA is governed by the General
          Rules of Interpretation (GRI's).  GRI 1 states, in part, that
          "classification shall be determined according to the terms of the
          headings and any relative section or chapter notes."  The
          Explanatory Notes, the official interpretation of the HTSUSA at
          the international level, provide a commentary on the scope of
          each heading of the Harmonized System, and are thus useful in
          ascertaining the tariff classification of merchandise.

                Heading 8521, HTSUS, provides, in part, for
          "[c]entrifuges."  While the RCS Centrifugal Air Sampler employs
          centrifugal force to impact air onto a culture medium, it does
          not fall within the article description of "[c]entrifuges."  As
          the descriptive literature for the Biotest RCS Air Sampler states
          under the heading "Principal of Operation," the device "works on
          the impaction principal."

                Also, the Explanatory Notes to heading 8421 at 1180
          describe centrifuges and centrifugal dryers as falling into three
          categories, none of which include the subject merchandise.
          Specifically, said Explanatory Notes provide, in pertinent part,
          the following description of covered merchandise:

                Most of these machines consist essentially of a perforated
                plate, drum, basket or bowl, etc., revolving at great speed
                in a stationary collector . . . against the walls of which
                the expelled materials are projected by centrifugal force.
                In some types the substances of different specific
                gravities are collected at different levels by means of a
                series inverted separator cones.  In other types the solid
                ingredients are retained in the perforated drum . . . and
                the liquid ingredients expelled.

          Whereas the centrifuges described above employ centrifugal force
          to project or expell substances away from the center of a circle
          in order to achieve separation, the instant merchandise employs












                                        - 3 -


          centrifugal force to impell air concentrically and in a conical
          form in order to impact said air onto an agar strip.
          Accordingly,since the RCS Air Sampler is not a centrifuge, but is
          rather an air sampler that employs centrifugal force as a means
          to achieve impaction, the same is not classifiable as a
          centrifuge in heading 8421, HTSUS.

                The article description in heading 8421, HTSUS, for
          "filtering and purifying machinery and apparatus, for liquids and
          gases," also fails to accurately describe the subject air
          sampler.  Instructive in this regard is Explanatory Note (II)(B)
          to heading 8421 at 1182, which describes "[f]iltering or
          purifying machinery, etc., for gases" ae follows:

                These gas filters and purifiers are used to separate solid
                or liquid particles from gases, either to recover products
                of value . . . or to eliminate harmful materials.

          While the RCS Air Sampler separates solid particles (i.e.,
          microoraganisms) from gases (i.e., air), this separation is not
          effected in order to "recover products of value" or to "eliminate
          harmful materials."  Rather, the separation process is carried
          out in order to produce a test sample for the purpose of
          analyzing air quality.  Accordingly, the air sampler is not
          classifiable as "filtering or purifying machinery and apparatus,
          for liquids or gases" in heading 8421.

                Heading 9027, HTSUS, provides for "[i]nstruments and
          apparatus for physical or chemical analysis (for example . . .
          gas or smoke analysis apparatus."  The "Introduction" in the
          descriptive literature for the Biotest RCS Centrifugal Air
          Sampler states in pertinent part:

                The . . . Sampler is . . . for estimating the number of
                microbial colony forming units in room air . . . and
                provides necessary information on the effectiveness of
                disinfection programs, air treatment systems and other
                means of contamination control.

                Further, under the heading "Volume Characteristics," the
          descriptive literature for the RCS Air Sampler states:

                The air which is to be examined enters the instrument head
                . . . sampling volume (v) can be determined by point-by-
                point measuring . . . and subsequent mathematical
                evaluation . . . This sampling volume is a parameter for
                calculating the volume of the air that is relevant to
                separation of the particles . . . It is possible to
                determine the separation volume mathematically.












                                        - 4 -


                In essence then, through the enumeration of microbial
          colonies and relevant calculations, the air sample permits air
          quality analysis.  Accordingly, since the RCS Air Sampler is an
          instrument for the analysis of air, it is properly classifiable
          in heading 9027, HTSUS, as "[i]nstruments and apparatus for
          physical or chemical analysis."  Insofar as the subject
          merchandise is specified in heading 9027, HTSUS, heading 8479,
          HTSUS, which provides for "[m]achines . . . not specified or
          included elsewhere," is not applicable.

          HOLDING:

                In view of the foregoing, the Biotest RCS Centrifugal Air
          Sampler is properly classifiable in subheading 9027.10.60,
          HTSUSA, which provides for "[i]nstruments and apparatus for
          physical or chemical analysis (for example . . . gas or smoke
          analysis apparatus) . . . [g]as or smoke analysis apparatus . . .
          [o]ther . . . [o]ther," dutiable at the rate of 6.2 percent ad
          valorem.

                                              Sincerely,




                                              John Durant, Director
                                              Commercial Rulings Division